Recent Cases/News

Although he received his second OWI while the first was still pending, a plea agreement was reached wherein my client was able to plead guilty to simple misdemeanor public intoxication instead of OWI on the second charge, given that the defense was partially successful with a motion to suppress and the remaining evidence was not definitive.

My client’s charge of domestic abuse assault causing injury has been dismissed. Following depositions of the primary complaining witness and the officer, the State agreed that the case could not be proven beyond a reasonable doubt and agreed to dismiss the charge.

Iowa Supreme Court rules that an officer did not have probable cause or reasonable suspicion to stop a motorist’s vehicle when it was on a county access road after hours. Iowa Code Section 461A.46, requiring all persons to vacate state parks and preserves before 10:30 p.m., only applies to state parks and preserves, not county conservation property. Iowa Code section 350.5 is applicable to county parks, but it requires that any regulations be posted near each gate or principal entrance. In this case, the required posting was not done, or was not proven. Hence, without the conservation board properly posting the closing time, the officer did not have probable cause or reasonable suspicion to stop the Defendant, and therefore all evidence discovered as a result of the stop had to be suppressed. Further, mistake of law is an insufficient basis to justify a stop.

Client charged with serious misdemeanor driving while revoked and serious misdemeanor possession of drugs/controlled substances, and facing probation revocation proceedings in another case, obtains a plea deal for simple misdemeanor driving without a valid license for a fine, and simple misdemeanor possession of drug paraphernalia for a fine, with dismissal of the probation revocation proceedings.

Iowa Court of Appeals confirms that an officer may not extend the length of a traffic stop to conduct a drug dog sniff without independent reasonable suspicion justifying the continued detention beyond the purpose of the traffic stop, and doing so requires suppression of the evidence obtained as a result of the constitutional violation.

Iowa Supreme Court confirms that for expungment purposes, each case is to be treated separately. Even if a separately charged simple misdemeanor is related to the indictable offenses, and there are some guilty pleas to the indictable offenses, if the separately charged simple misdemeanor is dismissed, then the Defendant is entitled to expungment. Each separately numbered legal proceeding is to be evaluated on its own, regardless of whether there had been a conviction in another, factually related legal proceeding.

Iowa Court of Appeals confirms that an officer activating his overhead lights and pulling his vehicle next to a car at a rest stop, then approaching the driver’s window, is a seizure under the 4th amendment, because a reasonable person would not believe they are free to leave. Further, a warrant for he arrest for someone who often drives a certain vehicle is not reasonable suspicion to seize without first confirming that person is the one driving.

My client was found not guilty of harassment, after a trial to a judge.

Prosecutor’s references to excluded evidence, in a veiled attempt to get around the Court’s rulings in limine, was a violation of the Court’s ruling in limine, and the prejudice requires reversal and a new trial.

Iowa Court of Appeals rules that a prosecutor may not personally vouch for the credibility or truthfulness of a witness, especially when credibility is at the crux of the case, and to do so requires reversal and remand for a new trial.

Iowa Court of Appeals rules that it is unconstitutional for an officer to tell a person to leave their purse in the car when at the time there was no probable cause for a seizure of the purse; and the officer cannot later justify a search of the purse based on illegal items found in the car.

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